Smt. Bayabai Rama Bhoir (Since Decd) Through Lrs And ORS v. Sitaram Vishnu Patil And ORS

caw-2433.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2433 OF 2014 IN WRIT PETITION NO.2686 OF 2013 Smt. Bayabai Rama Bhoir since deceased through her legal heirs being Applicant Nos.2 to 4 : Applicants versus Sitaram Vishnu Patil and ors.

: Respondents.

Mr. R D Suryavanshi for the Applicants.

CORAM :

R. M. SAVANT, J.

DATE :

27th July 2015 P.C.

By the above Civil Application the Applicants seek to delete the name of the Respondent 12 from the array of the Respondents of the above Writ Petition, to bring on record the names of Respondent Nos.2A to 2C as the legal heirs of the Respondent No.2, to condone the delay in filing the above Civil Application by setting aside the abatement, to implead one Asif Gulam Mohammad Kadir Kamble as the heir of Respondent No.17 who was the party to Tenancy Revision Application No.440/B/2009 and to permit the Applicants to correct the names of Respondent Nos.9, 14, 16E and 16F. In so far as the heirs of the Respondent No.2 are concerned, though they are served, no appearance is put up on their behalf. In my view the above Civil Application is required to be allowed and is accordingly lgc

caw-2433.14 allowed in terms of prayer clauses (a) to (f). The amendment to be carried out within two weeks from date. On amendment being carried out, issue notice to the Respondent Nos.2A to 2C and newly added Respondent No.17, returnable on 24/08/2015. In addition to service of notice through Court, the advocate for the Applicants shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery on the said Respondents and shall file affidavit of service before the returnable date.

The above Civil Application is accordingly disposed of. [R.M.SAVANT, J] lgc